Mike Brandly, Auctioneer
Auctioneer’s worthless clause defense
Many auctioneers attempt to disclaim anything they say and imply, and we’ve noted that auctioneers cannot successfully disclaim...
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Mike Brandly, Auctioneer
Jun 28, 20232 min read
Auctioneers and “survivorship bias”
During wars, planes would fly into battle, with unfortunately only some returning home. Those that did return might have bullet holes as...
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Mike Brandly, Auctioneer
Nov 2, 20222 min read
Auctioneers & Agency
No agency exists unless created — and what creates it? Knowledge of the relationship, and consent to it. Agency begins with the client...
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Mike Brandly, Auctioneer
Jan 10, 20223 min read
Don’t be the next auction test case
My friend Mike Hanley, Auctioneer wrote an inciteful analysis regarding the Alex Lyon & Son, Sales Managers and Auctioneers, Inc. v....
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Mike Brandly, Auctioneer
Dec 31, 20215 min read
Auctioneers: Less risk? Who decides?
There’s no question that there is increasing risk being an auctioneer and it is an out-and-out fallacy that all this risk is largely...
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Mike Brandly, Auctioneer
Dec 26, 20214 min read
Auctioneer has the right to do whatever?
I read it, and then I read it again and yes, the claim is “Auctioneer has the right to do whatever the [heck] she or he wants to. ...
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Mike Brandly, Auctioneer
Aug 26, 20213 min read
Bidders — buyers — “ghosting” auctioneers
Do bidders who bid and win at auction … and then cease any further communication with the auctioneer/seller deserve our further attention?...
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Mike Brandly, Auctioneer
Aug 9, 20212 min read
Sell absolute and end up in court?
I hear this on a somewhat regular basis … “Don’t hold absolute auctions so you can stay out of court.” I’m certainly aware some of the...
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Mike Brandly, Auctioneer
Apr 18, 20213 min read
On any given Sunday …
As one who teaches classes to auctioneers all over the United States, one thing stands out: Many auctioneers are looking for the “one...
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Mike Brandly, Auctioneer
Jan 22, 20213 min read
An obligation to disclose?
Auctioneers are fiduciaries for their sellers or consignees. Auctioneers owe clients (principals) obedience, loyalty, disclosure,...
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Mike Brandly, Auctioneer
Jan 15, 20212 min read
Auctioneers: When is a lack of evidence … evidence?
I majored in Mathematics at The Ohio State University. One of my several particular interests in math was prime numbers. As most of you...
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Mike Brandly, Auctioneer
Nov 16, 20203 min read
Frivolous auction lawsuits
As a frequent auction expert witness, we’ve been privy to some others’ thoughts on suing auctioneers, sellers, and buyers which would...
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Mike Brandly, Auctioneer
Oct 27, 20203 min read
Unless the circumstances indicate otherwise
Auctioneers can disclaim warranties for fitness and merchantability regarding property they are putting up for auction … typically by...
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Mike Brandly, Auctioneer
Oct 25, 20202 min read
Threatening to sue …?
People threaten to sue all the time. In the auction business — and much less frequently — people threaten to sue auctioneers;...
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Mike Brandly, Auctioneer
Aug 17, 20202 min read
You can … so you should?
I continue to see it over and over … “You as an auctioneer can …” and then radio silence. A follow-up in the minds of auctioneers might...
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Mike Brandly, Auctioneer
Aug 14, 20202 min read
A $68,867.50 reason to …
One might ask, “Do auctioneers need to treat all bidders the same, other than ‘price’?” In other words, do we have to have all bidders...
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Mike Brandly, Auctioneer
Jul 13, 20202 min read
Expert witness standards
Many people every day of the week testify in courts and otherwise as expert witnesses. I’ve testified dozens of times as such and today...
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Mike Brandly, Auctioneer
Jun 30, 20202 min read
How different attorneys can (and shouldn’t) help auctioneers
As one who’s worked with attorneys all over the United States as an expert witness, I’ve personally experienced these various roles and...
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Mike Brandly, Auctioneer
May 23, 20202 min read
What causes [auctioneer] bad behavior?
As we get phone calls and emails from attorneys all over the United States, asking if we can be of assistance in litigation, sometimes,...
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Mike Brandly, Auctioneer
Apr 21, 20203 min read
What kind of auctioneer do you want to be?
Yet, we don’t have to be. The law (apparently) lets us auctioneers disclaim everything (possibly not expressed warranties) but what are...
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